{{law}}{{TOCnestright}}Citizens of [[Washington]] can use the [[initiative]] process to:

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=Laws and procedures=

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{{law}}{{TOC maker|1H=Laws and procedures

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|1.1=Crafting an initiative

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|1.1.1=Single-subject rule

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|1.1.2=Subject restrictions

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|1.1.3=Competing initiatives

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|1.2=Starting a petition

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|1.2.1=Applying to petition

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|1.2.2=Proposal review/approval

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|1.2.3=Petition summary

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|1.3=Collecting signatures

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|1.3.1=Number required

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|1.3.2=Distribution requirements

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|1.3.3=Restrictions on circulators

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|1.3.4=Electronic signatures

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|1.3.5=Deadlines for collection

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|1.4=Getting on the ballot

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|1.4.1=Signature verification

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|1.4.2=Ballot title and summary

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|1.4.3=Fiscal review

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|1.5=The election and beyond

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|1.5.1=Supermajority requirements

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|1.5.2=Effective date

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|1.5.3=Litigation

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|1.5.4=Legislative tampering

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|1.5.5=Re-attempting an initiative

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|1.6=Funding an initiative campaign

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|1.7=State initiative law

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|2H=Changes in the law}}

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* Directly enact a [[initiated state statute|new state law]]. In Washington, this is known as an [[Initiatives to the People (Washington)|Initiative to the People]].

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'''Citizens of [[Washington]] may [[initiative|initiate]] legislation as either a [[Direct Initiative|direct]] or [[Indirect initiative|indirect state statute]]. In Washington, citizens also have the power to repeal legislation via [[veto referendum]]. Citizens may not [[Initiated constitutional amendment|initiate constitutional amendments]]. The [[Washington State Legislature]], however, may place {{Lrcafull}}s on the ballot with a two-thirds majority vote of each chamber.'''

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* [[Indirect initiative statute|Indirectly]] propose a [[statute|new state law]]. This is known as an [[Initiatives to the Legislature (Washington)|Initiative to the Legislature]].

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* Through [[veto referendum]], nullify a [[statute|law]] enacted by the [[Washington State Legislature]]. These are known as Referendum Measures.

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A fourth way, not involving [[direct democracy]], that a [[ballot measure]] can be placed on the statewide ballot in Washington is through the process of [[legislative referral]]. These are known as Referendum Bills. They are proposed laws or constitutional amendments that the legislature chooses to place before the voters on the ballot.

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==Crafting an initiative==

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Washington voters are not permitted the right to initiate [[constitutional amendment]]s through a [[direct democracy]] process.

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''Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.''

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This article focuses on general issues of I&R law. For more information on getting an initiative on the ballot, see also [[Procedures for qualifying an initiative in Washington]].

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===Single-subject rule===

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==Types of citizen intitatives and referenda==

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{{LawLinkParser|State=Washington|Link=Single-subject rule}}

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===Initiative to the People===

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Washington has a single-subject rule for ballot measures. The relevant law restricts bills in the legislature. However, this restriction has been found to apply to initiatives as well. Key legal decisions to this effect are listed below.

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Once an [[Initiatives to the People (Washington)|Initiative to the People]] is certified (sufficient signatures have been filed and certified as valid), it is placed on the next state general election ballot for voter approval.

Once an [[Initiatives to the Legislature (Washington)|Initiative to the Legislature]] is certified (sufficient signatures have been filed and certified as valid), it is submitted to the Legislature at its next regular session in January. The Legislature must take one of the following three actions:

:*(b) reject or refuse to act on the proposed initiative, in which case the initiative must be placed on the ballot at the next state general election; or

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:*(c) approve an alternative to the proposed initiative, in which case both the original proposal and the Legislature's alternative must be placed on the ballot at the next state general election.

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===Veto referendum===

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Any initiated measure that would authorize gambling or a lottery requires a 60% supermajority in Washington.

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Once a [[veto referendum|Referendum Measure]] is certified (sufficient signatures have been filed and certified as valid), it is placed on the next state general election ballot for the voters to decide. A "Yes" vote approves the law as passed by the Legislature. A "No" vote rejects it.

Text of the proposed initiative or referendum is filed with the [[Washington Secretary of State|Office of the Washington Secretary of State]], along with a signed affidavit verifying that the initiative's sponsor is a legal Washington voter. A $5 filing fee is also required.

Washington has a [[single-subject rule]], which requires that an initiative deal with only one issue or subject.

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In Washington, competing measures are arranged on the ballot so voters can express two separate preferences. First, voters choose between either measure or neither measure. Second, voters choose between one measure and the other. If a majority prefer neither, both measures fail. If a majority prefer either, then the second vote determines which measure will be approved.

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==Signature-gathering==

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When a measure has been rejected by the legislature, lawmakers may submit an alternative competing measure to voters.

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The number of signatures that need to be collected to place a measure on the ballot is based on the total number of votes cast for the Governor at the last regular gubernatorial election. Eight percent (8%) of that vote total is required for initiatives and four percent (4%) for referenda.

''Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.<ref name="NCSLrev">[http://www.ncsl.org/default.aspx?tabid=16590 ''NCSL,'' "Drafting the Initiative Proposal," Accessed May 19, 2011]</ref><ref>[http://www.ncsl.org/default.aspx?tabid=16534 ''NCSL,'' "Preparation of a Fiscal Analysis," Accessed May 19, 2011]</ref><ref name="NCSLsum">[http://www.ncsl.org/default.aspx?tabid=16586 ''NCSL,'' "Preparation of a Ballot Title and Summary," Accessed May 19, 2011]</ref>''

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The circulation period for [[Initiatives to the People (Washington)|Initiative to the People]] petitions is '''six months'''.

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===Applying to petition===

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The circulation period for [[Initiatives to the Legislature (Washington)|Initiative to the Legislature]] petitions is '''ten months'''.

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::''See also: [[Approved for circulation]]''

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===Residency===

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Prior to collecting signatures, one sponsor (acting individually or for a group) must file a copy of the proposed statute with the [[Washington Secretary of State]]. The sponsor must also file an affidavit certifying that he or she is a legal Washington voter. There is a nominal fee for this filing.

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Circulators do not have to be residents of the state of Washington.<ref>[http://www.secstate.wa.gov/elections/pdf/Filing_Initiative_and_Referenda_Manual_2005-2008.pdf Washington State's Filing Initiative and Referenda Manual: 2005-2008]</ref>

Where initiative [[circulator]]s are allowed to stand when they are soliciting signatures is a somewhat gray area of Washington law, although it is better defined in this state than in many other I&R states.

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::''See also: [[Approved for circulation]]''

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In 1981, in its ''[[Alderwood Associations v. Washington Environmental Council]]'' decision, the [[Washington Supreme Court]] said that initiative circulators could collect signatures within a large regional mall against the wishes of the mall's private owners. This was a 5-4 decision based on the state constitution's creating what the justices viewed as a right for citizens to advocate for initiatives overriding private property rights. In 1989, in the case of ''[[Southcenter Joint Venture v. National Democratic Policy Committee]]'', the court re-iterated that the ''Alderwood'' decision was based on initiative rights guaranteed in the constitution, not on general free-speech principles.

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Once the measure is submitted, the Secretary sends a copy to the Office of the Code Reviser. The office reviews the measure and recommends changes to the initiative sponsor. These recommendations are advisory and do not oblige the sponsor to make any revisions.

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In 1997, in ''[[Initiative 172 v. Western Washington Fair Association]]'', a state appeals court laid out some [[time, place and manner restrictions]] on circulators, saying that reasonable limits do not impair the underlying rights of free speech and initiative.

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Once the review is complete, the office issues the sponsor a certificate of review. The sponsor must then refile the measure and certificate with the Secretary of State who then assigns the petition a number (e.g. [[Washington Liquor State Licensing, Initiative 1183 (2011)|Initiative Measure No. 1183]] or [[Washington Long-Term Care, Initiative 1163 (2011)|Initiative Measure No. 1163]]).

In 1999, in the case of ''[[Waremart v. Progressive Campaigns, Inc.]]'', the state supreme court ruled once again on the question of collecting signatures on private property against the wishes of the property owner. However, in ''Waremart'', as opposed to in the 1981 ''Alderwood'' decision, the court in this instance agreed with the private property owner. In the court's mind, the difference between the two situations is the difference between a large regional mall that hosts a number of events and has become a genuine public forum through custom, layout and norms, versus a free-standing big box store, like Waremart, that did not have any of those characteristics.

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===Petition summary===

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On May 2, 2007, [[Rob McKenna]], the [[Washington Attorney General]], wrote a formal opinion called "Political Activity at Shopping Centers" to help Washington property owners, circulators, petition sponsors and police departments understand where circulators can and cannot collect signatures.<ref>[http://www.secstate.wa.gov/elections/pdf/AGO_on_Political_Activity_at_Shopping_Centers.pdf ''Political Activity at Shopping Centers''], an opinion of the [[Washington Attorney General]] (PDF file)</ref>

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:: ''See also: [[Ballot measure summary statement]]''

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===Paid circulators===

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After the Secretary has assigned the initiative a number, he or she transmits a copy to the [[Washington Attorney General]]. The Attorney General drafts a ballot title consisting of three parts--a short statement of the measure's subject, a concise description, and a question asking whether the measure should be adopted. In addition, the Attorney General drafts a longer (75 word) statement impartially summarizing the measure. Only the full text is required on the petition form, but the ballot title or summary may be included.

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''[[LIMIT v. Maleng]]'' decided that it was not only unconstitutional to ban the payment of petition circulators, but also to regulate how the petitioners are paid.<ref>[http://www.house.leg.state.mn.us/hrd/issinfo/ssinitcons.htm Minnesota House of Representative, ''I&R'' Legislation'']</ref>

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* An example of this language can be found [http://www.sos.wa.gov/elections/initiatives/Initiatives.aspx?y=2012&t=p here.]

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===Distribution requirement===

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* An example of an initiative petition can be found [http://www.ballotpedia.org/wiki/images/WASampleInitialPetition.pdf here.]

''Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.''

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===Number required===

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Washington's signature verification involves [[random sampling]].

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:: ''See also: [[Washington signature requirements]]''

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==Deadlines==

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{{wasigreq}}

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{{wabm}}

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* [[Initiatives to the People (Washington)|Initiatives to the People]] must be filed in the ten-month period prior to the state general election ballot on which you wish the measure to appear. Petitions (signatures) must be filed with the Secretary of State not later than 5 pm on the last business day not less than four months prior to that general election. If a filing deadline falls on a Saturday, the office of the Secretary of State will be transact business on that Saturday from 8 am to 5 pm.

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* [[Initiatives to the Legislature (Washington)|Initiatives to the Legislature]] must be filed in the ten-month period prior to the regular session of the Legislature in which you wish them to be considered. Petitions must be filed with the Secretary of State not later than 5 pm on the last business day not less than ten days prior to that regular legislative session convening. If a filing deadline falls on a Saturday, the office of the Secretary of State will be transact business on that Saturday from 8 am to 5 pm.

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===Distribution requirements===

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* [[veto referendum|Veto referenda]] may be filed any time after the Governor has signed the act that the sponsor wants referred to the ballot. Petitions must be filed with the Secretary of State not later than ninety days after final adjournment of the session in which the measure was passed by the state legislature.

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::''See also: [[Distribution requirement]]s''

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==Effective dates of measures==

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Washington does not have a distribution requirement for petition signatures.

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Initiatives and referenda voted into law become effective 30 days after the election at which they are approved unless there is a section in the

The [[Washington State Legislature]] can repeal or amend an initiative by a two-thirds vote of each house during the first two years of enactment and by majority vote thereafter.

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In Washington, no law could be found preventing a circulator from signing his own petition. Each initiative petition has a [[Circulator affidavit|circulator affidavit]] in the form of a state statute mandated declaration. But, according to the Secretary of State, an opinion published by the [[Washington Attorney General|Attorney General]] in 2006 allows the Secretary of State to either accept or reject petitions that do not have signed declarations attached.<ref>[http://www.sos.wa.gov/elections/initiatives/faq.aspx ''Secretary of State Website'', "Elections and Voter FAQ," accessed September 9, 2013]</ref> A circulator is not required to sign any affidavit or declaration before a notary public nor is he/she required to swear and sign under the penalty of a law a statement that he/she personally witnessed every act of signing the petition. Once collection is complete, the signatures are submitted to the [[Washington Secretary of State|Secretary of State]].<ref>[http://apps.leg.wa.gov/rcw/default.aspx?cite=29A.72.150 ''Washington State Legislature website'', "Revised Code of Washington Sec. 29A.72.150," accessed September 9, 2013]</ref>

* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=1057 HB 1057]-Requiring ballot measures to list the impact towards property tax levies. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=1057 ''Washington Legislature'' "History of House Bill 1057 (2010)"]</ref>.

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====Out-of-state circulators====

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2310 HB 2310]-Easing restrictions on how voter information pamphlets are distributed. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2310 ''Washington Legislature'' "History of House Bill 2310 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2311 HB 2311]-Repealing public notice requirements for ballot measures. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2311 ''Washington Legislature'' "History of House Bill 2311 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2397 HB 2397]-Bans petition circulators from gathering signatures less than fifteen away from a retail store. The bill was approved by the [[Washington House of Representatives]] on February 13, 2010 by a 82-12 vote, but died in Senate Committee<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2397 ''Washington Legislature'' "History of House Bill 2397 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2418 HB 2418]-Allows petition signatures to be made public records. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2418 ''Washington Legislature'' "History of House Bill 2418 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2469 HB 2469]-Prohibits landlords from restricting initiative campaigns from engaging in political activity on their properties. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2469 ''Washington Legislature'' "History of House Bill 2469 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2570 HB 2570]-Would increase restrictions on paid petition circulators. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2570 ''Washington Legislature'' "History of House Bill 2570 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2579 HB 2579]-Would allow people to withdraw their names from petitions through a written request to the [[Washington Secretary of State]]. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2579 ''Washington Legislature'' "History of House Bill 2579 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2612 HB 2612]-Would exempt petition signatures for initiative and referendums from public inspection. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2612 ''Washington Legislature'' "History of House Bill 2612 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2613 HB 2613]-Would increase restrictions for paid circulators of initiative, recall, and referendum petitions. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2613 ''Washington Legislature'' "History of House Bill 2613 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2614 HB 2614]-Would modify the official initiative petition form. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2614 ''Washington Legislature'' "History of House Bill 2614 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2615 HB 2615]-Would increase filing fees for initiative and referendum petitions. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2615 ''Washington Legislature'' "History of House Bill 2615 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2714 HB 2714]-Would prohibit public release of petition signatures. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2714 ''Washington Legislature'' "History of House Bill 2714 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2981 HB 2981]-Would require [[Fiscal impact statement|fiscal impact statements]] published in the voter information pamphlet. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=2981 ''Washington Legislature'' "History of House Bill 2981 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=4212 HJR 4212]-An amendment to the [[Washington Constitution]] that would eliminate the mandatory public notice requirement for constitutional amendments. The resolution died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=4212 ''Washington Legislature'' "History of House Joint Resolution 4212 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=5098 SB 5098]-A Senate version of HB 1057 that would require ballot measures to list the impact towards property tax levies. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=5098 ''Washington Legislature'' "History of Senate Bill 5098 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=5508 SB 5508]-A bill to deal with errors in voter information pamphlets. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=5508 ''Washington Legislature'' "History of Senate Bill 5508 (2010)"]</ref>.

* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6123 SB 6123]-A Senate version of HB 2311 that would repeal public notice requirements for ballot measures. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6123 ''Washington Legislature'' "History of Senate Bill 6123 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6184 SB 6184]-Changing administrative procedures on how the Washington Office of Financial Management and the [[Washington Attorney General]] handles initiatives. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6184 ''Washington Legislature'' "History of Senate Bill 6184(2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6449 SB 6449]-Would increase restrictions for paid petition circulators. The bill was approved by the [[Washington State Senate]] on February 15, 2010 by a 29-19 vote, but failed in House Committee<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6449 ''Washington Legislature'' "History of Senate Bill 6449 (2010)"]</ref>.

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* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6665 SB 6665]-Would raise filing fees for initiatives from $5 to $250. The bill died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=6665 ''Washington Legislature'' "History of Senate Bill 6665 (2010)"]</ref>.

* {{defeated}} [http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=8202 SJR 8202]-Would repeal the initiative process from the [[Washington Constitution|state constitution]]. The resolution died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=8202 ''Washington Legislature'' "History of Senate Joint Resolution 8202 (2010)"]</ref>.

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* {{defeated}}[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=8217 SJR 8217]-Would eliminate the public notice requirement for constitutional amendments. The resolution died in committee without seeing a floor vote in the Legislature<ref>[http://dlr.leg.wa.gov/billsummary/default.aspx?year=2009&bill=8217 ''Washington Legislature'' "History of Senate Joint Resolution 8217 (2010)"]</ref>.

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===2009===

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:: ''See also: [[Residency requirements for petition circulators]]''

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:: ''[[Changes in 2009 to laws governing the initiative process#Washington|Changes in 2009 to laws governing the initiative process]]''

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Washington does not require signature gatherers to be residents of the state.

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* HB 1057 requires that ballot titles involving [[property tax]] levies must include a comparison of the financial impact (if any) between the preceding year and the current ballot proposal in both dollar and percentage differences.<ref>[http://washingtonvotes.org/Legislation.aspx?ID=69203 ''Washington Votes'', "Text of HB 1057"]</ref>

* SB 5098 requires that if a measure relates to a [[property tax]] levy, the ballot title must include a comparison of the financial impact between the immediately preceding year and the current ballot, in both dollar and percentage change terms.<ref>[http://washingtonvotes.org/Legislation.aspx?ID=89840 Analysis of SB 5098]</ref>

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* SB 5508 requires notification by an election officer, either by publication or by direct mail, when a material error occurs in a local voters' pamphlet.<ref>[http://washingtonvotes.org/Legislation.aspx?ID=89840 Analysis of SB 5508]</ref>

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* SB 6099 requires the concise description on a ballot title to include a statement describing the amount the measure will increase or decrease taxes if the measure has tax implications.<ref>[http://washingtonvotes.org/Legislation.aspx?ID=89840 Analysis of 6099]</ref>

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* SJR 8202 was proposed by [[Ken Jacobsen]] as an amendment to the state Constitution to modify the powers of initiative and referendum.<ref>[http://washingtonvotes.org/Legislation.aspx?ID=89840 Analysis of 8202]</ref>

Washington law does not require a circulator's paid/volunteer status to be disclosed.<ref>[http://www.ncsl.org/legislatures-elections/elections-campaigns/paid-vs.-volunteer-petitioners.aspx ''NCSL,'' "Paid vs. Volunteer Petitioners," Updated June 17, 2010]</ref>

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Washington ''does'' mandate that petitions be printed on "paper of good writing quality."

In Washington, initial filings for direct initiatives cannot be made more than ten months before the general election at which their proposal would be presented to voters. Initial filings for indirect initiatives cannot be made more than ten months before the regular session at which their proposal would be presented to lawmakers.

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Signatures for direct initiatives are due at least 4 months prior to the general election. Signatures for indirect initiatives are due at least 10 days prior to the beginning of the session.

''Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.''

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===Signature verification===

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::''See also: [[Signature certification]]''

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Once the signatures have been gathered and filed, the Secretary of State verifies the signatures using a [[Random sampling|random sample method]]. If the sample indicates that the measure has sufficient signatures, the measure will be certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature will be checked. Under Washington law, a random sample result may not invalidate a petition. However, the Secretary of State is not required to review any petition that "clearly bears insufficient signatures."

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Observers representing proponents and opponents of the measure may be present to watch the verification process.

In Washington, the ballot includes the ballot title and the initiative's serial number. These are designated shortly after the initial filing. After a measure has been certified for the ballot, it also receives a section in the state's voters' pamphlet with arguments for and against the initiative.

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*A sample ballot can be found [http://www.ballotpedia.org/wiki/images/WASampleBallot.pdf here.]

Once a measure has been certified for the ballot, the Office of Financial Management drafts a fiscal impact statement describing the "projected increase or decrease in revenues, costs, expenditures, or indebtedness" created by the measure. It is made available online or in the state's voter pamphlet.

''Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.''

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===Supermajority requirements===

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::''See also: [[Supermajority requirement]]s

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In Washington, any initiated measure that would authorize gambling or a lottery requires a 60% supermajority vote. Other measures require only a simple majority vote. Regardless, for any ballot measure to be approved, at least one third of the voters voting in the election must cast a vote on the measure.

Washington ballot measures take effect 30 days after the election. The official canvas of the vote must also be certified to the governor by this date. Initiated measures may also specify an effective date.<ref>[http://www.sos.wa.gov/_assets/elections/Initiative%20and%20Referenda%20Manual.pdf ''WA Secretary of State,'' "Filing initiatives and referenda in Washington State," January 2012]</ref>

Within five days of the decision, any person may challenge a ballot title or summary. Within five days of the determination of sufficiency, any citizen may challenge the signature count. If the Secretary of State refuses to perform a signature count, the person/s filing the measure may challenge the decision within 10 days. All of these challenges should be filed in the [[judgepedia:Thurston County Superior Court, Washington|Thurston County Superior Court]]. The decisions of this court may be appealed to the [[judgepedia:Washington State Supreme Court|Washington Supreme Court]]

In Washington, no initiated statute may be amended or repealed for two years without a 2/3 supermajority vote of both chambers. Any initiated law, so amended, is not subject to veto referendum. After two years, the law may be repealed or amended by a simple majority vote.<ref>[http://www.ncsl.org/legislatures-elections/elections-campaigns/limits-on-the-legislatures-power-to-amend-and-rep.aspx ''NCSL,'' "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," June 28, 2011]</ref>

Washington does not limit how soon an initiative can be re-attempted.<ref>[http://www.ncsl.org/default.aspx?tabid=16541 ''NCSL,'' "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009]</ref> For example, after the defeat of [[Washington Privatize Liquor Distribution, Initiative 1100 (2010)|Initiative 1100 (2010)]], the measure was revised and reintroduced as [[Washington Liquor State Licensing, Initiative 1183 (2011)|Initiative 1183 (2011)]] -- it was subsequently approved.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

Washington has a single-subject rule for ballot measures. The relevant law restricts bills in the legislature. However, this restriction has been found to apply to initiatives as well. Key legal decisions to this effect are listed below.

Competing initiatives

In Washington, competing measures are arranged on the ballot so voters can express two separate preferences. First, voters choose between either measure or neither measure. Second, voters choose between one measure and the other. If a majority prefer neither, both measures fail. If a majority prefer either, then the second vote determines which measure will be approved.

When a measure has been rejected by the legislature, lawmakers may submit an alternative competing measure to voters.

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]

Applying to petition

Prior to collecting signatures, one sponsor (acting individually or for a group) must file a copy of the proposed statute with the Washington Secretary of State. The sponsor must also file an affidavit certifying that he or she is a legal Washington voter. There is a nominal fee for this filing.

Proposal review/approval

Once the measure is submitted, the Secretary sends a copy to the Office of the Code Reviser. The office reviews the measure and recommends changes to the initiative sponsor. These recommendations are advisory and do not oblige the sponsor to make any revisions.

Once the review is complete, the office issues the sponsor a certificate of review. The sponsor must then refile the measure and certificate with the Secretary of State who then assigns the petition a number (e.g. Initiative Measure No. 1183 or Initiative Measure No. 1163).

Petition summary

After the Secretary has assigned the initiative a number, he or she transmits a copy to the Washington Attorney General. The Attorney General drafts a ballot title consisting of three parts--a short statement of the measure's subject, a concise description, and a question asking whether the measure should be adopted. In addition, the Attorney General drafts a longer (75 word) statement impartially summarizing the measure. Only the full text is required on the petition form, but the ballot title or summary may be included.

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

Washington's signature requirement is based on the total number of votes cast for the office of governor at the last regular gubernatorial election. Initiatives to the People require signatures equal to eight percent of the votes cast for the office of governor in the last election. Initiatives to the Legislature also require signatures equal to eight percent of the votes cast for the office of governor in the last election. Veto referendum petitions require signatures equal to four percent of the votes cast for the office of governor.

Restrictions on circulators

Circulator requirements

In Washington, no law could be found preventing a circulator from signing his own petition. Each initiative petition has a circulator affidavit in the form of a state statute mandated declaration. But, according to the Secretary of State, an opinion published by the Attorney General in 2006 allows the Secretary of State to either accept or reject petitions that do not have signed declarations attached.[4] A circulator is not required to sign any affidavit or declaration before a notary public nor is he/she required to swear and sign under the penalty of a law a statement that he/she personally witnessed every act of signing the petition. Once collection is complete, the signatures are submitted to the Secretary of State.[5]

Electronic signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Washington does mandate that petitions be printed on "paper of good writing quality."

Deadlines for collection

In Washington, initial filings for direct initiatives cannot be made more than ten months before the general election at which their proposal would be presented to voters. Initial filings for indirect initiatives cannot be made more than ten months before the regular session at which their proposal would be presented to lawmakers.

Signatures for direct initiatives are due at least 4 months prior to the general election. Signatures for indirect initiatives are due at least 10 days prior to the beginning of the session.

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

Once the signatures have been gathered and filed, the Secretary of State verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure will be certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature will be checked. Under Washington law, a random sample result may not invalidate a petition. However, the Secretary of State is not required to review any petition that "clearly bears insufficient signatures."

Observers representing proponents and opponents of the measure may be present to watch the verification process.

Ballot title and summary

In Washington, the ballot includes the ballot title and the initiative's serial number. These are designated shortly after the initial filing. After a measure has been certified for the ballot, it also receives a section in the state's voters' pamphlet with arguments for and against the initiative.

Fiscal review

Once a measure has been certified for the ballot, the Office of Financial Management drafts a fiscal impact statement describing the "projected increase or decrease in revenues, costs, expenditures, or indebtedness" created by the measure. It is made available online or in the state's voter pamphlet.

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

In Washington, any initiated measure that would authorize gambling or a lottery requires a 60% supermajority vote. Other measures require only a simple majority vote. Regardless, for any ballot measure to be approved, at least one third of the voters voting in the election must cast a vote on the measure.

Effective date

Washington ballot measures take effect 30 days after the election. The official canvas of the vote must also be certified to the governor by this date. Initiated measures may also specify an effective date.[7]

Litigation

Within five days of the decision, any person may challenge a ballot title or summary. Within five days of the determination of sufficiency, any citizen may challenge the signature count. If the Secretary of State refuses to perform a signature count, the person/s filing the measure may challenge the decision within 10 days. All of these challenges should be filed in the Thurston County Superior Court. The decisions of this court may be appealed to the Washington Supreme Court

Legislative tampering

In Washington, no initiated statute may be amended or repealed for two years without a 2/3 supermajority vote of both chambers. Any initiated law, so amended, is not subject to veto referendum. After two years, the law may be repealed or amended by a simple majority vote.[8]

Proposed changes by year

2012

The following bills were introduced in the Washington State Legislature:aHB 2499: Bill description/summary: "Requires political advertising costing one thousand dollars or more, supporting or opposing ballot measures sponsored by a political committee, to include certain information on the top five contributors."

dHJR 4224: Bill description/summary: "Amends the Constitution to require the Secretary of State to reject any initiative for the ballot that will result in an increase in costs or expenditures of the state or local governments in excess of $5 million unless the initiative also specifies a tax increase or new tax to offset that increase."

Washington House Bill 1584: Bill description/summary: "Prohibits signature gatherers for initiative or referendum petitions from being within fifteen feet of entrances and exits of certain stand alone or retail stores, unless authorized by the property owner."

Washington House Bill 1888: Bill description/summary: "Requires the office of financial management, for each voters' pamphlet prepared for the general election, to provide information about how Washington municipal governments, state government, and the federal government receive their income, how they distribute it, and how the tax structure works."

Washington House Bill 1987: Bill description/summary: "Provides sufficient flexibility to county auditors to accept ballots where misspellings are present, yet the registered voter is clearly the same person."

Washington Senate Bill 5297: Bill description/summary: "Regulates signature gathering businesses. Provides that the initiative filing fee will be set by the secretary of state. Requires certain information from signature gatherers and additional information from petitioners on petitions. Authorizes the secretary of state to establish an
electronic system for a legal voter to pay a filing fee, file a proposed measure, and provide sufficient information in lieu of an affidavit to establish that he or she is a legal voter in the state."

Washington Senate Bill 5832: Bill description/summary: "Requires the office of financial management, for each voters' pamphlet prepared for the general election, to provide information about how Washington municipal governments, state government, and the federal government receive their income, how they distribute it, and how the tax structure works."